Florida Marine Patrol makes stuff up

Discussion in 'Florida Diving' started by cybdiver, Jul 27, 2012.

  1. cybdiver

    cybdiver Angel Fish

    # of Dives: I'm a Fish!
    Location: Antigua
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    My buddy was stopped during lobster mini season for a boat inspection they demanded his "Diver License" (No Not drivers) what they wanted was his C card.
    Lets be clear there is no such thing as a "Divers License" there is no requirement to have a C card. It is an industry certification and not a requirement to dive. Commercial dive boats require it because their insurance companies told them they had to check it.
    They also harrassed the divers down saying they needed a flag, NO the boat has the flag the diver had a bouy so they could keep track of him.
    Next they threatened to arrest him, too bad I said it would have made a great law suit. FMP are a bunch of over zelous cops on boats that don't seem to know the law and make stuff up.

    Don't be intimidated by the Florida Marine Patrol know you diver rights and laws. They are just looking for an excuse to write tickets.:)
     
  2. eeel

    eeel Angel Fish

    # of Dives: 500 - 999
    Location: Panama City/ Homosassa FL
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    It must have been because of outrageous behavior such as this the the Florida Marine Patrol (FMP) was disbanded and replaced with the Florida Fish and Wildlife Commission (FWC).
     
  3. Reck Diver

    Reck Diver Regular of the Pub

    # of Dives: I just don't log dives
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    Divers ARE required to have a flag unless they are within 300' of the vessel. Proof of identification is also required in Florida. Younger boaters operating vessels are required to pass a boating safety course and carry proof of such. Go to myfwc.com and look it's all there in detail.

    The FWC may ask for any of the above items and refusal can result to comply can result in further violations.
     
    Wildbill likes this.
  4. mike_s

    mike_s Blue Whale

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    He said "Divers License" as in a C-card, or diving certification. ....... Not "Drivers License" as in to drive boat or car. I'm betting you read that wrong. (I did too at first).

    there is no law in Florida or anywhere else that requires you to have a C Card. It's an industry standard and not a law. not sure how FWC can write you a ticket for not being certified to dive.

    Having to show proper legal ID is a different issue.




    On the subject of driving a boat, Florida has no boat drivers license law. it's been tried many times, but the boat industry lobbyists don't want it to happen in FL, because they don't want to deter new boat sales.

    I think it would be smart to have a boat drivers law, like many other states do.
     
    Jax likes this.
  5. jar546

    jar546 Scuba Instructor

    # of Dives: I'm a Fish!
    Location: South Florida
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    I don't buy the story. Sounds like someone with an axe to grind stretching out the story............
     
  6. bletso

    bletso Scuba Instructor

    # of Dives:
    Location: Louisville KY
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    Probably not. I have witnessed FMP do things they wouldn't hesitate to ticket you for.

    Dale
     
  7. cudachaser

    cudachaser Scuba Instructor

    # of Dives: I'm a Fish!
    Location: Cocoa Beach, FL
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    Cops are liars...I was arrested and charged with battery on an officer and resisting arrest with violence. I was tased 6 times....reason neighbor complain that I was playing music too loud . This cop also tased my wife 10 times and I was screaming "leave my alone alone...you are hurting her". Before she started tasing me she elbowed my wife in the head causing a concussion. We were both arrested on very severe charges. Cost us $15,000 to stay out of jail...we can't sue because of the wording of the plea bargain.
     
  8. mike_s

    mike_s Blue Whale

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    I've got to agree. I've seen cops miss-use & abuse their powers many times.

    Then lie about it later.
     
  9. OldNSalty

    OldNSalty Loggerhead Turtle

    # of Dives: 200 - 499
    Location: Just this side of paradise.
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    If they were threatening to write a ticket over not showing a C-Card I would have let them. I would have produced a Driver's license and quietly taken the ticket...then gone to court so a judge could explain to this cop that he stepped in it.

    Some cops are a-holes, some are great people but all are capable of making a mistake and it wouldn't be the first time a cop tried to enforce a law that didn't exist. The best place to fight that is in a court where a judge will usually follow the law.
     
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  10. HowardE

    HowardE Tech Instructor

    # of Dives: 2,500 - 4,999
    Location: Boca Raton, Florida
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    No offense, but personally, I think you make stuff up.
     
  11. Bratface

    Bratface Loggerhead Turtle

    # of Dives: 1,000 - 2,499
    Location: St Thomas, VI
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    I used to live in Key West and there are usually fatalities during lobster mini season. They were probably tired of drunk people driving boats, people without lobster permits, dumass behavior and so on. Most likely, they were trying to keep people alive.

    PS: I think the story has been embellished to some degree too.
     
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  12. Magnolia3

    Magnolia3 Manta Ray

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    OH please, the bs on this is like stink on flys... that said........were you there? If not take whole thing with a grain of salt.

    Con, there have been any number of complaints about LE being a tad bit overzealous in their "enforcement" down the keys.. we have Monroe County, and FWC.

    Your buddy is not telling you the whole story... first they probalby did NOT ask for a 'diving' license.. they were checking his FISHING license.. to do the mini season he needs a fishing licence..
    Lobster Sport Mini-Season Florida Keys FAQs

    We have a real problem with drinking and boating. During mini season, they have to work all day, check lobster size, fishing licenses, deal with drunk fools who a ton of lip. please, your buddy probably had NO license, got chewed on by the cops, who may or may have not taken his bugs. Which may or may not have been legal.

    The threatened to arrest him? bwahahaha.. really? That right there tells me his story is suspect. He probably started arguing with him.. to shut him up they probably asked if he wanted to visit "stock island".

    Last yr when I did mini season, they were trying to check everyone for bug size, and license.. not diving but fishing license.. your friend is trying to get your sympathy.

    It is also a possibility that they did ask to see his C card, depending on his equipment... or his behavior. Could have been that the officer was a diver and concerned that your buddy was not certified and did not know what he was doing. IF the LEO did ask... be happy... perhaps he was genuinely concerned for your buddy's well being.

    If you want to hear bad cop stories I have a few and some of them involve water cops... I also have as many stories of great cops.. so its apples and oranges. Most of the time if you are cool they will be too, there are always a few cowboys in every barrel ya know. ;)

    ---------- Post Merged at 11:26 PM ---------- Previous Post was at 11:23 PM ----------


    ah.... maybe the judge will or not.. its Monroe County. They do things a tad bit differently down here as the Conchs are only to happy to tell you.. :D
     
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  13. sheeper

    sheeper SFDJ Dive Team

    # of Dives:
    Location: Vero Beach, Florida, United States
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    no way the FWC officers asked for a C-card. They wanted a "drivers" license (proof of identity) and the saltwater fishing and lobster license. These guys work hard and catch a lot of grief. Their job is to keep us all safe and protect our natural resources.
    i was stopped on 4 of 5 dives for mini-season. One undercover guy was talking me up trying to get me to admit to having some bugs (i wish...we found not a one). I asked the guy if he liked being undercover. When he went wide-eyed on me....i pointed out that he had been in one of my training classes last year (i work part-time for DHS). Didn't bother me after that!
     
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  14. Magnolia3

    Magnolia3 Manta Ray

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    I have never caught them during mini season..but as cruisers we met this guy on Key West bight that later showed up at the boat, we invited him aboard. He kept trying to get us to admit we had pot aboard... we didn't but he pushed. It was amusing. He later came thru my checkout line at the market as a cop.. He recognized me and blushed. It was cute..

    yeah drivers license as ID.. they get a pissy when you tell them you don't have a drivers license. NOT everyone drives. My buddy doesn't, he shows his military ID.. the cops still want a drivers license.. when he tells them he doesn't even have an ID they freak. He doesn't drive either.. it is always amusing to sit back and watch the whole thing. In the end they have to take his govt issued ID but they just are so trained to think that everyone has a DL it is just to funny.

    I am sure that a lot of boaters are suprised by ID stuff that they misunderstand.. oh well... never know when you are going to find a terrorist jihadi diver hunting lionfish now do ya? :D :D
     
  15. yarik83

    yarik83 Single Diver

    # of Dives: 200 - 499
    Location: Florida
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    I call shenanigans.

    One does not need a certification to dive but one must comply with all local rules and regulations. One of which is obviously be of age to navigate a boat and have proper boat license if necessary. Also boat must be coast guard compliant and have all ducks in a row. Also every diver must have fishing license and for obvious reasons is limited on how many lobsters they can bring up per person per day. Rented boats require additional checks. Dive boats must be equipped with a dive flag. That is the law. At all times there must be a person capable of driving the boat (and legal to drive) when divers are in water. Divers must carry a dive flag when operating far from boat. Also you are not allowed to catch lobsters or any fish in dedicated preserve areas.

    I think what happened was... Fish and Wildlife Service has done exactly what they were supposed to do and things were not right on the boat. Either fishing licenses were not there, or underaged driver was left on boat or dive flags were not displayed properly or fishing was taking place in a preserve or.... well I could keep on going.

    Florida has fishing laws for a reason. They need to protect local wildlife and ecosystems from overzealous tourists that come here for mini season specifically to collect as many lobsters as they can. Many never buy fishing license, many do not have knowledge of how to dive... they just let 1 certified person rent all equipment and all jump into water until air runs out.

    Just last year many boats were arrested specifically for violating all those rules. Having respect for local rules and regulations can go a long way. Responsible divers would have been certified, proper fishing licenses purchased, proper boat training acquired, proper mooring techniques would have been discussed and FWS would have left them alone.
     
  16. jar546

    jar546 Scuba Instructor

    # of Dives: I'm a Fish!
    Location: South Florida
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    Over zealous tourists? Do we need thread drift to talk about the amount of residents that abuse the laws on a daily basis? Blame can be shared on this one
     
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  17. conchrandy

    conchrandy Nassau Grouper

    # of Dives: 25 - 49
    Location: Key Largo, Fl
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    Pulled over many times without incident, checking fishing license, flares, etc. Very courteous and suggestions on where the snook might be. That said, always on a week day when I'm the only.
     
  18. j2s

    j2s Loggerhead Turtle

    # of Dives:
    Location: florida
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    I'd like to see ANYONE in law enforcement try to arrest me for not having ID.....There is no law federal or otherwise requiring a US citizen to carry ID...Driver's license, If you are driving, yes......If I were walking on the street and asked to show ID I wouldn't have to or need to.....I'm a long time member of the ACLU and would LOVE to be arrested for that....Get your facts/law straight !!!!!
     
  19. deeper thoughts

    deeper thoughts Orca

    # of Dives: 500 - 999
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    I have had many dealings with the FWC here in the Keys. I have always found them professional and dedicated to their job. My only complaint is that they never respond to ch 16 on the vhf radio.(thats is my pet peeve).
     
  20. Reck Diver

    Reck Diver Regular of the Pub

    # of Dives: I just don't log dives
    Location:
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    No you don't need ID to walk down the street, but in certain instances in Florida you do need official identification when operating a vessel or engaged in fishing or hunting. You might not like it, but it is the law.

    I welcome you to look it up, it's right there in the Florida Statutes
     
    RichKirby likes this.

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